2012+FOLEY+v.+SPECIAL+SCHOOL+DISTRICT+OF+ST+LOUIS+COUNTY

Maura Thompson 03/03/13   Court Case #6 FOLEY V.   SPECIAL SCHOOL DISTRICT OF ST. LOUIS COUNTY UNITED STATES COURT OF APPEALS Argued: January 15, 1998 **Background:** An eleven year old student, Clare Foley, who was placed in a private school in St. Louis County, has a mild case of mental retardation. An evaluation team assessed Clare and determined that she needed special services once a week. When the parents of Clare demanded that those services be given to her in her classroom at the private school, the Special School District (SSD) refused. They offered Foley dual enrollment at a public school, in which she would travel to the school for those services. Although the parents of Clare accepted the dual enrollment, they did so under protest and requested an IDEA due process hearing. **Decision/ Rationale:** In the 1997 Amendments to the IDEA, it states that public schools are not required to pay for special education services to individual children, only classes a whole. Even though this section of the IDEA pertains to public schools, it would be against the law of Missouri to dictate them to do so. Therefore, the Court ruled that the Foleys had no individual rights under the IDEA to a special education and associated special services at the private school she attended. **Implications:** This directly affects numerous amounts of students all over the country every day. I don’t think it’s fair to those children who decide to go to private schools, that they cannot receive the proper services that are offered to them at public schools. A lot of children need special education services. This is implying that no special needs student will be allowed to attend a private school because they won’t receive the proper help they need. All special services pertaining to special education students should be offered at every school that way they have the same opportunity to choose what school they want to attend, regardless of their mental condition. **Quiz Question:** (T/F) It is mandatory for public and private schools to offer special education services to all of their students under IDEA?

Rebekah Watson Court Case #6 FOLEY V. SPECIAL SCHOOL DISTRICT OF ST. LOUIS COUNTY NO. 97-2419 UNITED STATES COURT OF APPEALS Argued: January 15, 1998 **Background:** Clare Foley’s parents placed their eleven year old with mild retardation in St. Peter’s Catholic School and requested she receive special education services from SSD. An evaluation team declared she receive one hour of occupational therapy, one half-hour of physical therapy, and one hour of language services per week. Her parents requested the services to be delivered in her classroom. Instead, the school offered dual enrollment status where Foley would be transported to public school for her services. The parents accepted while requesting an IDEA due process hearing. **Decision/ Rationale:** Due to the 1997 Amendments to IDEA, the court ruled that the Foleys had no individual rights under IDEA to a special education and associated special services to be made at St. Peter’s Catholic School. The amendments state that public schools are not required to pay for special education services for individual students. They are only required to pay for whole classes. **Implications:** This case states that it is unlawful for schools to provide funds for individuals; instead it must be special education classes as a whole. This means that as teachers we must be aware that our students with an IDEA that states they must receive special services must be included in a classroom with other students with the same services required. Students do not have individual rights under IDEA, therefore they must follow suit with the whole. **Quiz Question: T/F** Students have individual rights under the IDEA to a special education and associated special services.